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Facing a DWI charge can be a daunting and stressful experience. The repercussions of a conviction can be severe, including hefty fines, license suspension, and even jail time. However, being charged doesn't mean you're out of options. With the right legal defense, you can challenge the allegations and protect your rights. Here, we discuss five potential defenses to a DWI charge that could make a significant difference in your case.
1. Challenging the Traffic Stop
The foundation of any DWI charge begins with the traffic stop. Law enforcement must have a valid reason for pulling you over, known as "reasonable suspicion." This could be erratic driving, a broken taillight, or other observable traffic violations. If your attorney can demonstrate that the stop was unwarranted or conducted without reasonable suspicion, any evidence gathered during the stop may be deemed inadmissible in court. This could significantly weaken the prosecution's case against you.
2. Questioning the Accuracy of Field Sobriety Tests
Field sobriety tests (FSTs) are often used by officers to gauge impairment. However, these tests are not infallible and can be influenced by various factors such as uneven road surfaces, poor lighting, or the suspect's physical condition. Challenging the administration and interpretation of FSTs can be an effective defense. Your attorney might argue that external factors, rather than intoxication, led to poor performance on these tests.
3. Disputing Breathalyzer Results
Breathalyzer machines are commonly used to measure blood alcohol concentration (BAC). However, these devices are not foolproof and can produce inaccurate results due to improper calibration, maintenance issues, or operator error. By scrutinizing the Breathalyzer's maintenance records and the officer's training, your attorney can cast doubt on the reliability of the BAC reading.
4. Proving Medical Conditions
Certain medical conditions can mimic signs of intoxication or affect the results of chemical tests. For example, diabetes can cause acetone levels in the breath that a Breathalyzer might mistakenly read as alcohol. Acid reflux and other gastrointestinal issues can also skew the results. Presenting medical evidence to explain why you appeared impaired or why test results were inaccurate can be a compelling defense.
5. Highlighting Procedural Errors
The legal process surrounding a DWI arrest involves strict procedures that law enforcement must follow. Any deviation from these protocols can be grounds for challenging the charge. This includes mishandling evidence, failing to inform you of your rights, or not following the correct arrest procedures. Identifying and highlighting these procedural errors can weaken the prosecution's case and potentially lead to a dismissal.
Take the Next Step: Secure Expert Legal Assistance
Being charged with a DWI is undoubtedly serious, but it is not a hopeless situation. Each case is unique, and the defenses available will depend on the specific circumstances surrounding your arrest. Consulting with an experienced DWI attorney is crucial to explore these defenses.
Your future is too important to leave to chance—consult with our experienced DWI attorneys at Flanary Law Firm, PLLC who will meticulously examine every detail of your case and build a robust defense strategy tailored to your unique situation. Contact us today at (210) 899-7566 for a consultation and take the first step toward safeguarding your rights and securing your future.